charged with aerial delivery

[borntofly 0]

hey everybody, quick post from me to get some info from you guys

I am going to court for aerial delivery as I was charged at the new river bridge in WV. I did not jump, they caught me on the cat walk (with the rig on my back). They fined me for trespassing(which I have already paid) + took my rig and of course I will show up in court for aerial delivery.

The bridge belongs to the State but the park below obviously to the NPS.

I do not have a lawyer for this case and I wanted to ask, what is the worst scenario that can happen to me? and what are some of the advices I can get from those willing to share, on when I go to court.

Thanks and Blue skies,

just one crazy chick

live it up!

[base428 1]

I have talked to at least one of your crew about these bogus charges from the NPS. In addition, I have also conversed with the NPS about this. The NPS states that, coincidentally, there was a photographer down in the gorge for an earlier jump your crew made at 8am that day. Photographers don't usually visit the gorge at 8am, especially with such low light that time of day, so I find that quite odd.

Anyhow, you guys got nailed at around 11am from what I heard? A little bit late in the day, to say the least....

My suggestions:
1) Tell the judge you weren't over NPS property, as the park isn't under the South end of the bridge near the RR tracks. Bring maps if you can.
2) Tell the judge aerial delivery involves the use of a parachute, and obviously, you weren't using a parachute

Despite the fact that the NPS knows the park isn't under the bridge, they ILLEGALLY charge you with aerial delivery. I have argued with Gary Hartley about this numerous times, but he refuses to stop charging jumpers with that bogus law. Basically, the NPS is going to do this until someone challenges them. And after that, you can bet that there will be a local or state law that will prohibit jumping from that bridge.

Keep in mind you are dealing with the LOCAL judge on this and the good old boy network. You wouldn't believe the stories I've heard lately in regards to other non-jumping related stuff.

This issue really bothers me and I'm not really sure how to address issues like this. I think when they interview us for the live TV broadcast this Bridge Day, maybe I'll bring up the issue.

Let me know if I can help you further.

(c)2010 Vertical Visions. No unauthorized duplication permitted. <==For the media only

[NickDG 23]

It's the same in Yosemite. Just having a parachute bumper sticker on your car will get you pulled over and a rig in your trunk can get you busted . . .

I don't want to pile on, but Jason is right, not only were you robbing a bank in broad daylight, the bank you were robbing was Fort Knox!

You're busted for trespassing on the bridge, as you said, but as far as aerial delivery I'm sure you had no intention of jumping, "Do I look that crazy to you, your honor?" You were just watching the others and wearing the proper safety equipment.

You were an observer just like at the DZ.

I know it can be hard, but you really should try and get a lawyer. Aren't there any on your DZ? The fines can be very stiff if they decide to make an example of you.

And gee, I'm all up for BASE jumps done right, but couldn't you wait 37 more days . . . You can be a "crazy chick"", and you can "live it up," and I know you didn't think of it, but you are messing with Bridge Day . . .

You're spitting in the soup we all have to eat later.

The NPS hates the fact, no matter what they say publicly, that we jump on Bridge Day. They hate the fact that local financial pressure is the only thing keeping it going. We have them over a barrel and we are using that to make inroads in other areas. But, please realize how much you are jeopardizing our position. This is not so much aimed at you, but for others, as an educational thing.

I hope you beat the rap, and I hope you come to Bridge Day.

Someday, the NRGB will be open to BASE jumping everyday, I know that in my heart . . .

Nick BASE 194

[ImagethisPhoto 0]

I hate hearing about this kind of BS. Not knowing your rights (or the law) is similar to not having any!
I highly recommend getting a lawyer, but it may be too late.

Did you confess your intent to Jump when busted?

If you didnt deploy a parachute than there was no aerial delivery.
Say your in a Cessna flying with an emergeny rig on over a restricted area (no jumping allowed) would they bust you for jumping when you landed the plane,,,no.

So all they have is the trespass violation!

Keep in mind the NPS gang is alot like your local mall security. They love the authority and dont hesitate to use it. F*cking cowards, all of them!

I cant say it will work/help, but you may want to pitch that one to the media. Any one have any thoughts on that?

Anywho, sorry to hear your the one they nailed!
All the best of Luck!!

JM
www.imagethisphoto.com

[TomAiello 25]

Something to consider:

This is an open forum, and calling the NPS names isn't really going to help our case with them.

In some places, NPS policy is "ignore if at all possible". This kind of discusison makes it pretty tough to ignore.

-- Tom Aiello

[email protected]
SnakeRiverBASE.com

[78RATS 0]

first thing to do is read the law they are prosecuting you under. what is the legal definition of aerial delivery?

seems like you might have possessed equipment with intent to deliver, but no actual delivery.

Rat for Life - Fly till I die
When them stupid ass bitches ask why

[Treejumps 0]

I PMd you about this. I have a file 1" thick of materials gathered to deal with a similar case. Its hard to do much with this case because of the blatent day blazing. Its one thing to get caught doing it right, but this kind of case makes it difficult.

Cya.

[borntofly 0]

Just wanted to say thank you all for your input.

All I can say is live and learn (or learn from somebody's else mistake)

It is a public forum and some of this info is sensitive.

The NPS treated me fair and they basically had to answer the call.

Thanks again and don't make the mistake I did!

roxy

live it up!

[Chapsta 0]

Woo-hoo!!!!

Just heard that they were not charged with anything that would stick to their records. I think it was considered a petty offense which is about the equivalent of a speeding ticket. Got the gear back too!

Just happy for them!

Chaps

Carpe diem

[shunkka 0]

roxy pls let me know about
mail me
kitty

-------------------------
"jump, have fun, pull"

[78RATS 0]

Right On. Roxy Rules

Rat for Life - Fly till I die
When them stupid ass bitches ask why

[BASEJET 0]

Busted Oct 2003 at a different bridge near THE BRIDGE. It was the day before after lunch. Dropped 3 jumpers and 2 guys with cameras up top. Driver went to bottom. There was 1 car and 1 pick-up with trailer. 1 fisherman (car) 2 guys tearing-up OUR NATIONAL PARK with ATV'S (pu) right? Right, driver/ground crew/cameraman checks it out.He starts his long slow walk with conversation back and forth from the birds eye view trespassers.No one sees anything different than in previous years, just trees rocks and river. Would anyone see 2 guys hidden at the bottom by the rocks and river in fishermen costumes, binoculars, motorola's and a vidio camera? We always assumed the area was sort of over-looked for a certain week. But it turns out it is more like a trap. Us 4 mice after 3 deliveries from above were rapidly approached by 2 FISHERMEN. 1 had a big gold shield around his neck. The other had one on his belt next to his gun and he had his hand in that area. They identified themselves, told us to drop our stuff and sit down! The polite RANGERS gave 2 of us silver bracelets to wear and informed us of our crimes. We were not under arrest, they made that clear. They asked for ID,any weapons or drugs.We then walked to the parking area, carried 2 of our rigs for us. A RANGER in uniform with a white Yukon or Suburban pulled up to greet us. 4 tickets later we were allowed to drive away minus the 3 rigs. At our mandatory Feb court date the judge who I hear was new to that seat at the time. Is very pissed at the number of times this crap comes to his district. He thinks (out loud) that he perhaps needs to add some jail time and stop giving the minimum 600.00 doller fine! Plus court cost. NPS 1800.00 for an afternoons work. WV minus our group of 6 @300.00 to 400.00ea. cause we'tant coming back yall. Also the driver got out of his tickit, with a lawyer.

[NickDG 23]

"I've made fifty BASE jumps without a mishap. I come to Bridge Day and get busted."

- Tim Sell, after getting his gear confiscated, Bridge Day 1989 -

(The weather is so bad Jean Boenish did not to accept the permit to jump. Around forty five people jumped anyway. In trying to avoid the Rangers Tim landed on the RR tracks but then wound up right in the laps of the Railroad Bulls . . . )

NickDG BASE 194

[Zennie 0]

Jumping any NPS territory in WV in the general vicinity of Bridge Day is not really a great idea.

The NPS don't like us... much as we may hate to acknowledge that.

- Z
"Always be yourself... unless you suck." - Joss Whedon

[TomAiello 25]

Quote

The NPS don't like us... much as we may hate to acknowledge that.

Institutionally, this is probably true.

But there are several low level NPS employees (read: rangers) who will turn and walk away if they see parachutes in the air.

Build bridges, keep a low profile. It helps.

-- Tom Aiello

[email protected]
SnakeRiverBASE.com

[leroydb 0]

really... maybe we should have a base jumper infiltrate them? and then... the world

Leroy


..I knew I was an unwanted baby when I saw my bath toys were a toaster and a radio...

[freefal 0]

Quote

Busted Oct 2003 at a different bridge near THE BRIDGE.

So that was YOU was saw being driven out of there when we showed up! We passed that Suburban (apparently with you in it) on our way into the valley then one of the guys we thought was some local turned around when he saw us and quickly headed back into the park. (Probably to go set the trap again with his buddy.) I remember our crew getting a bit nervous and discussing weather the ATV guys or the fishermen were undercover rangers. We figured it was probably a good idea not to jump it anyway since it was foggy and we had only had a few beers. Guess we dogged a bullet.

"Ignorance is bliss" and "Patience is a virtue"... So if you're stupid and don't mind waiting around for a while, I guess you can have a pretty good life!

[DexterBase 0]

I have a better idea. Let's get together, prove that using an archaic law to prohibit BASE jumping and preventing us from using our national parks is unconstitutional.

There are enough holes in the illegal air delivery law that it seems possible we can beat this thing. I have very recent first-hand experience with the NPS view on BASE jumping in the national parks. If you're interested in what happened, call or PM me and I'll give you the details.

How many of you would seriously support a bid to take the decision away from the NPS and have a different authority decide what we can and cannot do in our national parks?

This issue has suddenly become rather personal to me.

What a cool jump though!!!

[Chapsta 0]

yup... definitely one crazy chick!


Chaps

Carpe diem